1st Circuit Case Commentaries

Requiring Plausible Sentencing Rationales for Extraordinary Downward Variances: United States v. Vázquez-Narvaez

Date: Apr 10, 2025

Requiring Plausible Sentencing Rationales for Extraordinary Downward Variances: United States v. Vázquez-Narvaez Introduction The First Circuit’s decision in United States v. Vázquez-Narvaez, No....

ACCA Enhancement Inapplicable to Puerto Rico Article 173B Motor‐Vehicle Robbery

Date: Apr 9, 2025

ACCA Enhancement Inapplicable to Puerto Rico Article 173B Motor‐Vehicle Robbery Introduction The case of Rodríguez-Méndez v. United States (1st Cir. 2025) arises from Julio A. Rodríguez-Méndez’s...

Sanction-Based Default Judgment Preclusion and State-Law Post-Judgment Interest in Bankruptcy Claims

Date: Apr 3, 2025

Sanction-Based Default Judgment Preclusion and State-Law Post-Judgment Interest in Bankruptcy Claims Introduction In Buscone v. Botelho, 61 F.4th 10 (1st Cir. 2025), the First Circuit confronted two...

Omission of Federal Rule 11 Jury-Trial Warning Not Structural Error

Date: Apr 3, 2025

Omission of Federal Rule 11 Jury-Trial Warning Not Structural Error Introduction In United States v. Umeh, 23-1938 (1st Cir. Apr. 2, 2025), the First Circuit addressed the validity of a guilty plea...

Permissible Upward Variance for Unaccounted Firearm Characteristics Under §924(c)(1)(A)(i) and U.S.S.G. §2K2.4(b)

Date: Apr 3, 2025

Permissible Upward Variance for Unaccounted Firearm Characteristics Under §924(c)(1)(A)(i) and U.S.S.G. §2K2.4(b) Introduction United States v. Marrero-Burgos, 22‐1387 (1st Cir. Apr. 2, 2025),...

Articulation Requirement for Upward Variances in Revocation Sentences: United States v. Mercado-Cañizares

Date: Apr 3, 2025

Articulation Requirement for Upward Variances in Revocation Sentences: United States v. Mercado-Cañizares Introduction This commentary examines the First Circuit’s decision in United States v....

Articulation Standards for Upward Variances in Supervised Release Revocations and Firearms Sentencing

Date: Apr 3, 2025

Articulation Standards for Upward Variances in Supervised Release Revocations and Firearms Sentencing Introduction This commentary examines United States v. Mercado-Cañizares, 21-1903 & 22-1149 (1st...

Fact-Specific Materiality of Adviser Conflicts and Disgorgement Limits under the Advisers Act

Date: Apr 2, 2025

Fact-Specific Materiality of Adviser Conflicts and Disgorgement Limits under the Advisers Act Introduction The case of Securities and Exchange Commission v. Commonwealth Equity Services, LLC (1st...

No “Ocular Visibility” in PSG Analysis: First Circuit Remands for Clear, Legally Sound Social-Distinction Reasoning in Alvarez Mendoza v. Bondi

Date: Apr 1, 2025

No “Ocular Visibility” in PSG Analysis: First Circuit Remands for Clear, Legally Sound Social-Distinction Reasoning in Alvarez Mendoza v. Bondi Introduction In Alvarez Mendoza v. Bondi, the First...

No “Ocular Visibility” Requirement for Social Distinction in Particular Social Group Analysis: The First Circuit’s Remand in Alvarez Mendoza v. Bondi

Date: Apr 1, 2025

No “Ocular Visibility” Requirement for Social Distinction in Particular Social Group Analysis: The First Circuit’s Remand in Alvarez Mendoza v. Bondi Introduction In Alvarez Mendoza v. Bondi (1st...

Pike v. Budd: First Circuit Holds State Actors May Be Individually Liable Under § 1983 for Creating a Hostile Work Environment for Non‑Employees; Replaces Title VII’s “Employer Liability” Element with a “Color‑of‑Law” Individual‑Liability Requirement

Date: Mar 29, 2025

Pike v. Budd: First Circuit Holds State Actors May Be Individually Liable Under § 1983 for Creating a Hostile Work Environment for Non‑Employees; Replaces Title VII’s “Employer Liability” Element...

When the §1446(b)(3) Clock Starts: Plaintiff’s Filings—Including an MDL Transcript Filed in the Case—Can, in Combination, Make Federal Officer Removability “Easily Determinable” Even Without Site-Specific Allegations

Date: Mar 28, 2025

When the §1446(b)(3) Clock Starts: Plaintiff’s Filings—Including an MDL Transcript Filed in the Case—Can, in Combination, Make Federal Officer Removability “Easily Determinable” Even Without...

No Acquittal Without a Ruling: First Circuit Clarifies that Post‑Trial Juror Statements Cannot Trigger Double Jeopardy and Endorses Holistic Review of Deadlock Mistrials

Date: Mar 28, 2025

No Acquittal Without a Ruling: First Circuit Clarifies that Post‑Trial Juror Statements Cannot Trigger Double Jeopardy and Endorses Holistic Review of Deadlock Mistrials Introduction In Read v....

Padilla Stops at Deportation: First Circuit Rejects Duty to Warn of Permanent Reentry Bars and Tightens Diligence for Coram Nobis in Aceituno v. United States

Date: Mar 28, 2025

Padilla Stops at Deportation: First Circuit Rejects Duty to Warn of Permanent Reentry Bars and Tightens Diligence for Coram Nobis in Aceituno v. United States Introduction In Aceituno v. United...

Categorical Federal Funding Freezes as Reviewable Final Agency Actions: First Circuit Denies Stay Pending Appeal in State of New York v. Trump

Date: Mar 27, 2025

Categorical Federal Funding Freezes as Reviewable Final Agency Actions: First Circuit Denies Stay Pending Appeal in State of New York v. Trump Introduction In State of New York v. Trump, the United...

Franks Omissions Clarified: Omission of a Named Cooperating Witness’s “Crime of Dishonesty” and Prior Deception Does Not Defeat Probable Cause When Detailed, Self-Inculpatory, and Corroborated Information Supports a Warrant

Date: Mar 25, 2025

Franks Omissions Clarified: Omission of a Named Cooperating Witness’s “Crime of Dishonesty” and Prior Deception Does Not Defeat Probable Cause When Detailed, Self-Inculpatory, and Corroborated...

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1st Circuit Case Commentaries

Requiring Plausible Sentencing Rationales for Extraordinary Downward Variances: United States v. Vázquez-Narvaez

ACCA Enhancement Inapplicable to Puerto Rico Article 173B Motor‐Vehicle Robbery

Sanction-Based Default Judgment Preclusion and State-Law Post-Judgment Interest in Bankruptcy Claims

Omission of Federal Rule 11 Jury-Trial Warning Not Structural Error

Permissible Upward Variance for Unaccounted Firearm Characteristics Under §924(c)(1)(A)(i) and U.S.S.G. §2K2.4(b)

Articulation Requirement for Upward Variances in Revocation Sentences: United States v. Mercado-Cañizares

Articulation Standards for Upward Variances in Supervised Release Revocations and Firearms Sentencing

Fact-Specific Materiality of Adviser Conflicts and Disgorgement Limits under the Advisers Act

No “Ocular Visibility” in PSG Analysis: First Circuit Remands for Clear, Legally Sound Social-Distinction Reasoning in Alvarez Mendoza v. Bondi

No “Ocular Visibility” Requirement for Social Distinction in Particular Social Group Analysis: The First Circuit’s Remand in Alvarez Mendoza v. Bondi

Pike v. Budd: First Circuit Holds State Actors May Be Individually Liable Under § 1983 for Creating a Hostile Work Environment for Non‑Employees; Replaces Title VII’s “Employer Liability” Element with a “Color‑of‑Law” Individual‑Liability Requirement

When the §1446(b)(3) Clock Starts: Plaintiff’s Filings—Including an MDL Transcript Filed in the Case—Can, in Combination, Make Federal Officer Removability “Easily Determinable” Even Without Site-Specific Allegations

No Acquittal Without a Ruling: First Circuit Clarifies that Post‑Trial Juror Statements Cannot Trigger Double Jeopardy and Endorses Holistic Review of Deadlock Mistrials

Padilla Stops at Deportation: First Circuit Rejects Duty to Warn of Permanent Reentry Bars and Tightens Diligence for Coram Nobis in Aceituno v. United States

Categorical Federal Funding Freezes as Reviewable Final Agency Actions: First Circuit Denies Stay Pending Appeal in State of New York v. Trump

Franks Omissions Clarified: Omission of a Named Cooperating Witness’s “Crime of Dishonesty” and Prior Deception Does Not Defeat Probable Cause When Detailed, Self-Inculpatory, and Corroborated Information Supports a Warrant

Rational Explanation Requirement for Termination of Federal Education Grants

Waiver of an AEDPA §2244(d)(1)(C) Limitations Defense Precludes Sua Sponte Review

General Intent Sufficient Under 18 U.S.C. § 111: United States v. Parrot

Diversity Jurisdiction Supremacy over State-Law Venue Allocation in Landlord-Tenant Disputes